2024-05-28 PL-BOA-2024-000104 Coupe Order Exhibits COMBINED_v1

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agreements due to the failure to timely construct the required improvements and the invalidity of the bonds provided to the County. See Mr. Ashida's letter to John De Fries, dated April 29, 2010, attached hereto as Exhibit"A". In 2012, 1250 Oceanside, LLC ("Oceanside") acquired the Original Developer's outstanding loans and took over the Project. Over the years,the Mamalahoa Bypass Road ("Bypass"), the Haleki`i Street extension and portions of the subdivision improvements were constructed. The property underlying the Bypass was conveyed to the County and the extension of Haleki`i Street to the mauka side of the Bypass ("Mauka Haleki`i Extension") was accepted by the Hawai`i County Council ("Council") through dedication. County Resolution No. 317-12, adopted November 9, 2012 ("Resolution 317-12"). After multiple inquiries with the County about the status of the dedication of the internal Project roadways, i.e., a continuation of Haleki`i Street makai of the Bypass ("Makai Haleki`i Extension") and a north-south connector stub road from the Makai Haleki`i Extension to the boundaries of the Project's adjoining properties ("Connector Road"), and other matters, on March 31, 2023, C & J Coupe Family Limited Partnership ("Petitioner"), an adjacent landowner, filed an action in the Circuit Court of the Third Circuit, State of Hawai`i alleging that Oceanside has failed to comply with, and the County has failed to enforce, the Ordinances, among other claims. See C&J Couple Family Limited P'Ship v. County of Hawai`i et al., Civil No. 3CCV- 23-0000123 ("Lawsuit"). On September 15, 2023, the Circuit Court ruled Petitioner"shall avail itself of the declaratory ruling procedure provided under Hawai`i Revised Statutes ("Haw. Rev. Stat.") ch. 91 and Planning's Rules of Practice and Procedure to seek a declaratory ruling from the Planning Director regarding the issues raised in the Complaint, including Oceanside's 3